Judgment Search Results Home > Cases Phrase: mogul line limited acquisition of shares act 1984 Sorted by: old Court: allahabad Page 1 of about 20 results (0.043 seconds)

Karamat Khan Vs. Sami-ud-dIn and ors.

Court : Allahabad

Reported in : (1886)ILR8All409

..... amir-ud-din for the appellant, that the action of fida husain and wahid-un-nissa, in allowing his clients to obtain a mortgage of the whole 10 biswas share of sir, amounted to making the mortgagee alter his position by the omission of these two persons, and that they cannot now turn round and say that at the time of the ..... placed in lull possession of the whole area, and one difficulty in dealing with the case arises from the admitted fact that in that urea were included the shares of fida husain and wahid-un-nissa, whose names were not put to the mortgage-deed of the 2nd august 1869. ..... done recently even in a more extensive sense, but in these provinces it was first effected by act x of 1859, and this was afterwards replaced by the rent act of 873, which was in force when himayat's proprietary rights in the zamindari mahal were sold. ..... upon the death of ahmad husain, the sir-land, to the extant of his share, would devolve, according to the muhammadan law, upon his sons fida husain, ala husain and jamal husain and his widow wahid-un-nissa the devolution would be in certain proportions ..... persons have no defence, either in law or equity, to the plaintiff's suit, with reference to their shares, and for the purpose of obviating the consequences of the lien of 1869.2. ..... the 5 biswas share of zamindari rights in the sir, that is, of himayat husain, the question is what was the effect of the auction-sale of the 20th november 1876, in regard to the provisions of section 7 of act xviii of 1873 .....

Pradhan Sangh Kshetra Samiti, Jabalpur, District Jaunpur and Others Vs ...

Court : Allahabad

Reported in : AIR1995All162

..... the old section 12 which refers to the constitution of a gaon panchayat, will render no assistance, as the area of the gaon sabha was the limitation of the circle of its executive committee, known as the gaon panchayat, and, as every gaon sabha had an executive committee, known as the gaon ..... while this aspect had yet to be taken care of, the state government was announcing an election schedule and yet had not fallen in line with the constitution to take care of the structure of panchayats 'as institutions of self-government on specifying villages, consequential existence of gram sabhas, composition of panchayat, their territorial ..... for the consumption of the peopleand not assumption by the power brokers.mahatma gandhi reflected on this, when hesaid : 'real swaraj will come not by the acquisition of authority by a few but by the acquisition of the capacity by all to resist authority when it is abused. ..... to perish for the circle of the villages, till at last the whole becomes one life composed of individual, never aggressive in their arrogance but ever humble, sharing the majesty of the oceanic circle of which they are integral units. ..... its limitations in the villages in this state, earlier known as the united provinces, as india was ruled by an imperial power, was brought by the united provinces village panchayat act, 1920 ..... sabhas were the share-holders with the overall sanction of accounts and administration the development programmes the obligation to promote the unity of social .....

Commissioner of Income Tax (Central) Vs. Smt. Swapna Roy

Court : Allahabad

..... it has often been supposed to cast a veil over the personality of a limited company through which the courts cannot see. ..... in 2001 itr 464 sarabhai sons private limited, a division bench of gujarat high court held that income, in fact, should have been earned as a result of expenditure. ..... the expenditure towards interest on loan does not seem to lay out or expend wholly and exclusively for the purpose of making or earning income from the shares under section 57(iii) of the act. ..... palitana sugar mill (p) limited, hon'ble supreme court held that a decision is an authority for which it is decided and not what can logically be deduced therefrom. ..... sujani textiles (p) limited it has been held by the madras high court that where there was no question for any receipt of income from that source against which the interest on the borrowed funds could be set off, the ..... commissioner of income tax : air 1969 sc 932 : : 1969(1) scr 988 it was found that three brothers who were partners in the assessee firm were carrying on the managing agency in a dominant capacity in the guise of a limited company. ..... bihar limited calcutta high court held that the expenditure is allowable as deduction from income from other sources only if it is found that, in fact, it has been expended wholly and exclusively for the purpose of making or earning such ..... birla cotton spinning and weaving mills limited.75. ..... the calcutta high court in a case reported in (2005) 273 itr 353 (cal) consolidated fibres and chemicals limited v. .....

Dr. Raksha Goswami D.O. Late S.D. Goswami Vs. State of U.P. Thru Chief ...

Court : Allahabad

..... in the case of shamsher jang shukla (supra) hon'ble supreme court held that in case, there is act or rules, it will have got primacy over the executive instruction over the government orders. 14. ..... it is settled law that while interpreting statutory provisions statute should be read line by line, section by section and whole of the statue not in a piecemeal. ..... even if, for the shake of argument, it is accepted that the government has acted rightly to create the post of the director ayurved (pathyakram evam mulyankan) by the executive instructions that too, could have been done by adjusting other person instead of frustrating the petitioner's selection on the post of the ..... the inevitable sequitur from these constitutional provision is that the president, acting directly or through officers subordinate to him, is free to constitute a service (with as many cadres as he chooses), to create posts without constituting a service or to create posts outside (the cadres of) the constituted service. ..... in the absence of any post created under the rule respondent seems to be acted in a highhandedness manner by directing to take work on a post which does not found place in the service rule of the cadre. ..... supreme court by catena of judgment held that while interpreting any section of a statute, every word and provision should be looked into in context to which it is used and not in isolation vide 2002 (4) scc 297 grasim industries limited v. .....

Santosh Kumar Shukla Vs. Syndicate Bank Through Its G.M. and Others

Court : Allahabad Lucknow

..... just violation of the terms and conditions of the housing scheme or mere breach of contract but an act of misconduct, the charge clearly states that by selling the property, the petitioner has misutilized the bank's fund for earning profit; 19.5 of the bipartite agreement states "gross misconduct" shall mean any act or omissions enumerated therein, and sub-clause (j) states "doing any act or negligence involving or likely to involve the bank in serious loss". ..... supra) referred to the definition of misconduct in stroud's judicial dictionary which is as under:- "misconduct means, misconduct arising from ill motive; acts of negligence, errors or judgment, or innocent mistake, do not constitute such misconduct. ..... wherein it has been held that any act or omission done beyond once control and the same was done under some compelling circumstances, the act or omission will not constitute misconduct. ..... and others5, chairman-cum-managing director coal india limited and another vs. ..... of contract and misconduct are entirely distinct and different, in breach, the consequence is as per terms of the agreement, but causing loss or earning profit by using bank's fund is certainly an act likely to cause serious loss to the bank. ..... the argument and held, non payment of housing loan cannot be an act reflecting upon the integrity of an employee. ..... follows:- "19.5 by the expression "gross misconduct" shall be meant any of the following acts and omissions on the part of an employee: a.) to i.) ............... j. .....

Kailash Nath and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1985All291

..... the order revoking/suspending his arms licence only after the said order is made; and reading the audi alteram partem rule of natural justice in the arms act in consonance with the statutory provisions of sections 17 and 18 of the arms act, it would follow that the action of revoking/suspending an arms licence would be valid and be in accordance with law if the licensing authority, after ..... other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this act; or (b) if the licensing authority deems it necessary for the security of public peace or for public safety to suspend or revoke the licence; or (c) if the licence was obtained by the suppression of material information ..... in my opinion the obtaining of a licence for acquisition and possession of firearms and ammunition under the arms act is nothing more than a privilege and the grant of such privilege does not involve the adjudication of the right ..... district magistrate, banda has, by various orders made by him on different dates in the month of july, 1984, cancelled arms licences of various petitioners on the ground that he felt satisfied that as there was, on the part of the petitioners, an immediate apprehension of breach of peace and ..... easy to draw the line that demarcates administrative enquiries ..... withdrawal or cancellation of an existing licence share an entirely different legal complexion. ..... limitation .....

Swastik Gear Ltd. and ors. Vs. Income-tax Officer and ors.

Court : Allahabad

Reported in : (1988)69CTR(All)213; [1989]175ITR384(All)

..... between us on the question as to whether the department is entitled to make copies/extracts of the books seized after expiry of 180 days, that is, the time limit for obtaining approval of the commissioner under section 132(8) of the income-tax act, 1961, and whether the petitioners can be directed to attest such copies/extracts, the papers of this case may be laid before the hon'ble chief justice for ..... empowers the director of inspection or the commissioner to issue a search warrant against any person if, in consequence of information coming to his possession, he has reason to believe that such person has failed to comply with or acted in contravention of the circumstances enumerated in clause (a), (b) or (c) and during the search, the account books or other articles found as a result of search may be seized and the search authority may make extracts or ..... the claim of the income-tax department to obtain photostat copies of account books after the expiry of 180 days from the date of seizure under sub-section (1) of section 132 of the income-tax act added with a request to direct the assessee to attest them before their return raises an issue of some importance, i consider it appropriate to record my own reasons, specially because i could not persuade ..... 1984]3scr190 , it was held :'that no mandamus could be issued to the authorities to act ..... oriental rubber works : [1984]145itr477(sc) , in support of his ..... oriental rubber works : [1984]145itr477(sc) , any retention in violation of .....

Anugrah NaraIn Singh and Another Vs. State of Uttar Pradesh and Others

Court : Allahabad

Reported in : AIR1992All62; (1992)1UPLBEC170

..... (state government) is, after taking into consideration the explanation of the board, satisfied that the board (has made a wilful) default in the performance of any duty imposed (upon) it by or under (this) act or any other enactment or (has exceeded or abused) its powers, it may, by order (together) with the reasons therefor published in the official gazette, dissolve the board or supersede it for such period as ..... immediately responsible for efficient administration, and propose in addressing them to indicate your assurance that it will be found possible in the more backward provinces to proceed steadily on the general lines of advance laid down by the commissioner, and while maintaining all essential control to abstain from all unnecessary interference in matters of detail, and in particular ro relieve officials of their ..... it has laid down in section of the uttar pradesh municipalities (supplementary) act 1950 (v of 1951) that- (a) the said section empowers and be deemed always to have empowered the state government to vary, amend or enlarge the period from time to time, and nothing in sections 10a and 31 of the said act shall be construed as limiting or abridging the said power of the state government; (b) every order ..... citizens' participation on his home ground and at his own level, is taken away the experience of sharing democracy is lost among the masses ..... . state of andhra pradesh air 1984 sc 121 the supreme court said, 'what may be unobjectionable as a transitional or temporary measure .....

Kiran Sandhu and ors. Vs. Saraya Sugar Mills Ltd. and ors.

Court : Allahabad

Reported in : [1998]91CompCas146(All)

..... the board is of the opinion after having come to the conclusion that the member or members are being oppressed, that to wind up the company would unfairly prejudice the member or members though otherwise, the acts would justify the making of a winding up order on the ground that it was just and equitable that the company should be wound up, the board with a view to bringing to an end the ..... for the petitioner has referred to the various paragraphs of the petition and has mainly contended that though the apparent structure of the company is that of a public limited company, yet the real structure is that of a partnership wherein erstwhile partners, who were the members of the majilhia family, are the shareholders. ..... , the petitioners also filed an application under section 443(1) of the companies act read with rule 9 of the companies (court) rules, 1959, praying for an ex parte interim order to restrain the board of directors of the respondent-company from issuing any further equity shares or creating any further liability on the company with fresh borrowings from the institutions ..... the legislature must, therefore, be taken to have clearly intended that the winding up jurisdiction even on partnership line should be invoked at the instance of a contributory in such a solvent company only when there would be irresolvable deadlock, ..... [1984] ..... [1984] 55 comp cas 462 (delhi), which was strongly relied by learned counsel for the petitioners, the company was floated by two persons and it was .....

H.S. JaIn and ors., Etc. Vs. Union of India (Uoi) and ors., Etc.

Court : Allahabad

Reported in : (1997)1UPLBEC594

..... must for the person to be appointed as chief minister under this unprecedented peculiar situation whether the aid of clause (1) of article 174 and clause (1) of article 175 was open for the governor for the very limited non-legislative purpose of ascertaining the wishes of the members of legislative assembly as to in whom they are having the confidences so as to make the appointment of chief minister possible is to be examined from the constitutional ..... judicially discoverable and manageable issue has arisen in the instant case the only new material which can be said to be technically available before the president is the notification under section 73 of the representation of the people act but that too looses it is substance and significance in view of the governor's report which says that all the results were declared on 10-10-1996 itself and the position was clear to the governor on 10-10- ..... the question immediataly arises whether the governor can act in his absolute discretion and appoint whom ever he chooses, or is there some limitation on his power ..... before insertion of clause (5) there was no dead line of one year under article 356 and therefore, the object of clause (5) was to fix the dead line of one year for continuance of presidential rule unless the two contengencies given in sub-clauses (a) and (b) of clause (5) ..... . in fact i share the sentiments expressed by my ..... . nem chandra jain : [1984]1scr939 so as to arrive at a decision in making the provisions of articles 174 and .....